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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Amendment (National Facial
Biometric Matching Capability) Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport Act 2013 No 18 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Road Transport Amendment (National Facial
Biometric Matching Capability) Bill 2018
Act No , 2018
An Act to amend the Road Transport Act 2013 to authorise Roads and Maritime Services and
certain other government agencies to collect, keep, use and release identity information in
accordance with national arrangements for the sharing and matching of that information; and for
related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport Amendment (National Facial Biometric Matching
Capability) Act 2018.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Schedule 1 Amendment of Road Transport Act 2013 No 18
[1] Section 56 Purposes for which photographs may be kept and used
Insert after section 56 (1) (i):
(ia) in accordance with section 271A,
[2] Section 57 Release of photographs prohibited
Insert after section 57 (1) (j):
(ja) as provided by section 271A, or
[3] Section 271A
Insert after section 271:
271A National Facial Biometric Matching Capability
(1) Definitions
In this section:
associated personal information, in relation to a photograph, includes the
name, date of birth, gender and address of the individual who appears in the
photograph.
authorised government agency means:
(a) the Authority or any agent of the Authority, and
(b) any other government agency participating in the Capability in
accordance with the National Agreement.
collect from the Capability includes download from the Capability.
National Agreement means the Intergovernmental Agreement on Identity
Matching Services entered into by the Commonwealth, the States and the
Territories in October 2017 (as varied from time to time by the parties to the
agreement).
National Facial Biometric Matching Capability (or Capability) means the
service administered by the Commonwealth under the National Agreement for
facial biometric matching, and includes any database or facility that is part of
that service.
release to the Capability includes upload to the Capability.
(2) Collection of photographs and associated personal information
An authorised government agency may collect photographs and associated
personal information from the National Facial Biometric Matching Capability.
(3) Sections 9 and 10 of the Privacy and Personal Information Protection Act
1998 do not apply in relation to photographs and personal information
collected by an authorised government agency from the Capability.
(4) Keeping and use of photographs and associated personal information
An authorised government agency may, for any lawful purpose in connection
with the exercise of its functions, keep and use photographs and associated
personal information obtained from, or disclosed to the agency under, the
National Facial Biometric Matching Capability.
Page 3
Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(5) Release of photographs and associated personal information
An authorised government agency may release to the National Facial
Biometric Matching Capability any photographs and personal information
held by the agency.
Page 4
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